National Disability Advocacy Program Quality Improvement Toolkit
9. Complaints and disputes
Your advocacy agency needs to have an accessible and effective complaint process available for people with disability involved with the agency. An important consideration in complaint / feedback processes is that people with disability may be less empowered to make a complaint.
Key considerations are that your complaint mechanism provides:
- Commitment at all levels of the organisation. This can be demonstrated through effective dissemination of policies and procedures that recognise the positive and important role of complaints
- Fairness to all concerned, including the complainant, the organisation and the person complained about
- Accessibility. The information about the process should be readily accessible in a variety of appropriate formats (including plain English and other languages where appropriate) and be promoted both internally and externally
- Responsiveness. The process should provide full, impartial and timely investigation of all aspects of the complaint and provide fair and reasonable remedies where warranted
- Effectiveness. The mechanism must be able to address individual complaints and use the information collected to improve overall delivery and to address systemic and recurring problems.
9.1 Getting started
Use this section of the Toolkit to help your agency assess your practices and implement quality improvement actions related to complaints and disputes.
Work through the four step process:
- develop a checklist
- conduct a self-assessment
- plan quality improvement actions
- review your progress.
Your agency is not expected to adopt all policies or practices or use all resources provided in this section. You will find that some of the resources will be relevant to all agencies, while others will only apply depending on your agency’s approach to advocacy. Where you already have your own quality management practices in place, you may use the resources as a way of gauging how your own practice is going.
Remember, your agency does not have to complete all sections of the Toolkit so start with the sections that are most relevant for your agency.
9.2 Advocacy agency's approach to complaints and disputes
Sussex Street Community Law Service Inc
When clients come to an initial interview, they are informed about our complaints procedure and where they can access more information. They also receive a hand-out outlining the complaints procedure. Where a client has made a complaint and is unhappy with the result they can also arrange to speak directly to the General Manager about the matter if they would like.
About twelve months ago, we introduced exit surveys. If a client comes for a one-off visit they are given the form at the end of that visit, while clients assisted over a period of time are given the form at the end of their case. Clients get the survey and a stamped, addressed envelope to take home and return anonymously.
As well as some basic demographic information, the survey asks clients to comment on our agency. Questions include: how easy was it to contact the agency; how quickly did we respond to them; how did we treat them; did they understand the advice we gave; and did they find that advice useful? The responses allow clients to choose between a range of answers and also allow room for them to provide further comments to support their answer.
If clients wish to make a complaint, there is also a feedback folder in reception where they can take a form and submit it. We weren’t getting much in there, which is one of the reasons we introduced the exit survey. People can take the survey home and reflect on whether they have something to complain about. It’s more confronting for people to submit a complaint in the reception area. Some clients are disgruntled rather than extremely upset and they don’t want to make a fuss so they wouldn’t submit a form, but they might take the survey home to fill out.
We can’t expect everyone to return the survey, but we generally receive about 20 per month. The surveys are collated monthly and staff are given general feedback. However, where there is a negative comment, we generally wouldn’t wait until the end of the month to deal with it.
If an individual raises a particular issue, it is discussed with the relevant advocate. Addressing the issue straight away makes it easier to deal with because we can identify the context and discuss what we can do. For example, if a client comments that we were slow to respond, we consider whether we were particularly busy at that time and what could have been done. If a client was uncomfortable, we might consider whether there is something we can change in terms of our procedures.
If a broader issue comes through in a few surveys, we’ll address it on an agency level. For example, there was a period where there was difficulty with phone calls getting through to the agency. People complained about having to wait too long before being transferred so we changed the phone system, making it quicker to divert from one phone to another.
The survey is a very useful tool to do something automatically. It
might identify a problem we wouldn’t have been aware of otherwise.
It is a really good tool for continuous improvement.
Feedback is a real pointer to how your business is going. It’s
easy to get lots of positive comments on a regular basis and not look deeper
into your practice. If you’re continually patted on the back,
you don’t necessarily stop to think about whether you’re pleasing
all of your clients. You might not stop to see that a minority of
them are disaffected.
With the exit survey, more often than not, we do get really positive comments and that’s important for the advocates to see where they’ve helped or been particularly understanding.
9.3 Step 1: Develop a checklist
How to do it!
- Read the list of things to consider for ensuring quality in complaints and disputes
- Consider your agency’s current practices, policies and procedures for this theme
- Using this information, draw up your own checklist of the considerations for quality that will be important for you to address in the quality improvement process – you may select some from the list provided and there might be others that your agency has identified
| 1. | We have a clearly documented complaints policy and procedure |
| 2. | We have an escalation process if a complaint is not resolved in the first instance (documented in our complaints procedure) |
| 3. | Our escalation process states how external referrals will be used, when necessary |
| 4. | Our complaints process is made available and explained to people with disability so that they understand their right to make a complaint and how they can do this |
| 5. | We inform people with disability they can have a support person with them during the complaints process and we assist them to access a support person |
| 6. | We publicise the Complaints Resolution and Referral Service (CRRS) in our office(s) and inform people with disability of the role of the CRRS |
| 7. | We have a documented complaints handling register, which includes who is handling the complaint, timeframe for resolution, the resolution and the complainant’s satisfaction/ dissatisfaction |
| 8. | We review the complaints register regularly to ensure timeliness of, and satisfaction with, complaints handling and resolution |
| 9. | We ensure that we do not breach confidentiality in the way that we handle complaints |
| 10. | We have a procedure in place to appropriately deal with complaints that involve a serious allegation or a potential crime |
| 11. | We use information (de-identified) from our complaints handling to inform continuous improvement |
9.4 Step 2: Conduct a self-assessment
- Section 9.4 Step 2: Conduct a self-assessment [RTF 181kB]
9.5 Examples of evidence
All agencies
- documented complaints policy and procedures
- established practices and policies for investigating and resolving complaints – cover both internal and external complaints resolution mechanisms, including the Complaints Resolution and Referral Service (CRRS)
- observations and file review of the processes used in investigating and resolving complaints
- established practices and policies for promotion of complaints mechanism
- reviews of complaints mechanism involving clients to ensure mechanisms are appropriate to potential complainants
- staff attitudes to complaints and disputes
- client feedback about the complaints mechanism
- complaints register
9.6 Step 3: Plan quality improvement actions
- Section 9.6 Step 3: Plan quality improvement actions [RTF 176kB]
9.7 Step 4: Review your progress
How to do it!
- Agree on a review date (usually after 12 months)
- Go back to your quality improvement worksheet and review your progress and achievements
- If the improvement action has been successful and involved a new process or policy, you might now formalise this process
- If the improvement action has been unsuccessful, you will need to consider new strategies
- Fill in the final column of the worksheet. Tick actions that have been completed and document any further action that is required.
9.8 Resources
9.8.1 Complaints Handling – Guiding Principles based on the Australian Standard on Complaint Handling (AS 4269 – 1995)44
1. VISIBILITY Information about how and where to complain should be well- publicised to customers, personnel and other interested parties.
2. ACCESSIBILITY The complaints handling process should be easily accessible to all complainants. This includes readily accessible information about the process, flexibility in the methods of making complaints and special arrangements and/or support for complainants with specific needs (including interpreters).
3. RESPONSIVENESS Receipt of each complaint should be acknowledged to the complainant immediately. Complaints should be addressed promptly, complainants should be treated courteously and kept informed of the progress of their complaint through the complaints handling process.
4. OBJECTIVITY Each complaint should be addressed in an equitable, objective and unbiased manner through the complaints handling process.
5. CHARGES Access to the complaints handling process should be free of charge to the complainant.
6. CONFIDENTIALITY Personally identifiable information concerning the complainant should be available where needed, but only for the purposes of addressing the complaint within the agency and should be actively protected from disclosure, unless the customer or complainant expressly consents to its disclosure.
7. INVESTIGATION OF COMPLAINTS Every reasonable effort should be made to investigate all the relevant circumstances and information surrounding a complaint.
8. CUSTOMER-FOCUSED APPROACH The agency should adopt a customer-focused approach, be open to feedback including complaints, and should show commitment to resolving complaints by its actions.
9. RESOLUTION OF COMPLAINT Following an appropriate investigation, the agency should offer a response, for example, correct the problem and prevent it happening in the future. The decision or action taken regarding the complaint should be communicated to the complainant as soon as the decision or action is taken.
10. ACCOUNTABILITY The agency should ensure that accountability for and reporting on the actions and decisions of the organisations with respect to complaints handling is clearly established.
11. CONTINUAL IMPROVEMENT The continual improvement of the complaints handling process and the quality of services should be a permanent objective of the agency.
9.8.2 Setting Up an Effective Complaints System45
1. Set up a group
Ask your staff/ volunteers and clients/ people with disability and their families about how they think the complaints system should work. You should use this group as a resource throughout the development of your complaints policies and procedures.
2. Show management support
You need a clear statement from the management of your agency about why the complaints process is being set up. Outline the benefits for your agency and for clients. You should include this in a policy statement for your agency.
3. Accept all complaints
There should be channels for people to complain about anything in your agency that they think does not work or is unfair. Just by listening actively and using good communication skills you can resolve many complaints on the spot. If you have a complaints form, ensure that it is simple and easy to use for both supported employees and staff.
4. Three levels of complaint handling
Informal – for simple straightforward complaints. Make clear
your staff authority to resolve such complaints as far as possible.
Formal – for more complex or serious matters which need to be referred
to a designated complaints person, a supervisor or manager.
External – for when complaints cannot be resolved internally.
Clients/ people with disability should have the opportunity to use external
systems at any time in your complaints process. For disability advocacy
agencies and employment services, the external complaints body is the National
Disability Complaints Resolution and Referral Service (CRRS).
5. Make it easy for clients/ people with disability and others to complain
You need to think about the accessibility of your complaints and resolution procedures – Easy English, Auslan, interpreter, Braille, tape. Are your procedures widely available and documented?
6. Record received complaints and comments
You should have a system for recording complaints, comments and suggestions. This is an excellent tool for continuous improvement and helps you keep a handle on what’s happening in your agency. It’s good to keep positive feedback and distribute to your agency for morale.
7. Staff/ volunteer training
You should have a policy document that outlines your complaints system – both the process and the philosophy. You need to ensure that your message is getting across through staff meetings, newsletters, posters, training, induction training, employment contracts and agreements.
8. Train your clients/ people with disability
Your system is useless if your clients/ people with disability, their families and other members of the public don’t know about it. How can you best communicate your complaints policy? Is it in a poster, a pamphlet, a newsletter? Are the formats you are communicating in appropriate for the target group?
9. Use your feedback to keep improving your agency
Monitor your complaints system – is it working? If you are not receiving complaints, what does this mean? What are the complaints you are receiving telling you about your agency’s operation?
9.8.3 Accessible complaints policy checklist46
| Easy English. Policy is explained in easy-to-understand English, with clear and short sentences, and in other formats appropriate to specific disability as required (eg Braille). If a complex word or term is used, an easy English definition is also provided. | |
| Responsive and timely. Complaint is handled quickly and timeframes are short and clear. | |
| Process is clearly explained and easy to follow (eg Step 1, Step 2…). | |
| Demonstrated commitment to resolution is in line with our agency’s vision, aims and objectives. | |
| Assistance is offered to clients to lodge complaints. | |
| Follow up. Complainant is kept informed of progress. | |
| There is a good use of pictures that are age-specific and not childlike. | |
| Referral and contact details are provided for external services where complaint is unresolved or complainant chooses to go elsewhere. | |
| Advocacy and other supports are encouraged throughout the process and referral details provided if required | |
| Flexible. Complaints can be received in a range of formats including verbally. | |
| Complainants are encouraged to try and resolve issue at the most local level. | |
| Policy has a statement about no retribution and that complaints are welcome, will be taken seriously and will be handled honestly, fairly and without bias. | |
| Confidential. Privacy of complainant and details of complaint is maintained. Permission is sought from complainant if it is necessary to discuss details with other stakeholders. | |
| Other opportunities for feedback, including anonymous feedback, are encouraged (eg suggestion box, focus groups, surveys). | |
| There is a commitment to use information from complaints for improvement. | |
| Policy is regularly reviewed and the review date included. | |
| Promotion. Policy is displayed and regular training is provided. | |
| Record keeping. Policy has a statement about keeping all records of the complaint, including file notes of discussions. |
9.8.4 Local resolution meeting documents47
This document from the Complaints Resolution and Referral Service (CRRS) includes an agenda, agreement form and meeting guidelines that may assist your agency when you have a meeting to resolve a complaint.
| Date: | |
| Venue: | |
| Present: | |
| Purpose: | To come together in an atmosphere of cooperation, trust and willingness
to resolve the complaint. To listen to, and gain a better understanding of, each other’s views. What has happened in the past cannot be changed but what is worked out in the present and at this meeting will affect the future. |
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
| Welcome and Introductions | |
| Housekeeping eg: toilets, water, mobile phones | |
| Meeting Guidelines – Complete MEETING GUIDELINES sheet | |
| Key Discussion Points: Take turns to discuss each point and write down all agreements. | |
| _______________________________________________ | |
| _______________________________________________ | |
| _______________________________________________ | |
| _______________________________________________ | |
| Future Relationship and Communication – moving forward | |
| Follow up | |
| Before the meeting: | |
| Check that the meeting room is private, quiet and accessible | |
| Allow enough time for the meeting. Clear your diary | |
| Enter the meeting in good faith and with a positive attitude | |
| During the meeting: Go through each point below and tick all agreed ones. | |
| Agree to switch off any mobile phones to avoid distractions | |
| Check time constraints. How much time do all parties have for the meeting | |
| Acknowledge and thank everyone for coming and being committed to resolving the complaint | |
| Discuss and agree on the following guidelines: | |
| Agree to listen to the other person’s point of view or side of the story without interrupting or talking over. | |
| When talking about your side of the story remember to say how you felt and use ‘I’ statements | |
| Agree to be respectful when others are speaking and use respectful language | |
| Agree to respect each other’s privacy and confidentiality. That is, what is said in the meeting will not be talked about to others outside the meeting | |
| Agree to be open and honest | |
| Be objective; that is, put yourself in the other person’s shoes | |
| Anyone can request a break at any time | |
| Anyone can end the meeting at any time | |
| All parties to be given a copy of the agreement | |
AGREEMENT
Date: ___/___/___
Parties to the Agreement:
Complainant: __________________________________________________
Advocate: ____________________________________________________
Support Person: ________________________________________
Service Staff: _________________________ Position: _____________
Service Staff: _________________________ Position: ______________
Agreements:
1. ___________________________________________________
_____________________________________________________
_____________________________________________________
2. ___________________________________________________
_____________________________________________________
_____________________________________________________
3. ___________________________________________________
_____________________________________________________
_____________________________________________________
4. ___________________________________________________
_____________________________________________________
_____________________________________________________
5. ___________________________________________________
_____________________________________________________
_____________________________________________________
Signature: ____________________________________
Signature: ____________________________________
Signature: ____________________________________
Signature: ____________________________________
9.8.5 Sample compliment/ complaints feedback form48
About you (if you want to make an anonymous complaint or compliment, go to the next section)
Your details — please only provide the contact details that you are happy for our staff to use to contact you.
Name: Mr/Mrs/Miss/Ms/Dr ...........................................................................................................................
Mailing address: ...........................................................................................................................................
.................................................................................................................. Postcode: ....................................
Email: ......................................................................... Mobile number: ( ) ............................................
Contact phone number during business hours: ( ) .........................................................................
Do you have an advocate you would like us to discuss your complaint with?
Yes Name of representative: ...............................................................................................................
Mailing address: ...............................................................................................................
................................................................................................................
Phone: ................................................................................................................
Email: ................................................................................................................
No
Please advise our office as soon as possible if any of your contact details change.
About the respondent (who you are complimenting or complaining about)
I am complimenting/complaining about:
..........................................................................................................................................................................
Have you raised this compliment or complaint before?
If yes—what was the response, if any?..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
Your compliment or complaint
Please give us details of your compliment or complaint:..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
Please tell us what you would like to see happen as a result of your compliment or complaint:
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
We undertake to respond to your compliment or complaint within one week of receiving it. If you have raised a complaint, the timeframe for resolving your complaint is explained in our complaints policy and procedure, which is attached for your information.
9.8.6 Sample Complaints Resolution and Referral Service (CRRS) feedback form49
This Feedback form used by the Complaints Resolution and Referral Service (CRRS) could be used in the development of your agency’s feedback form.
Feedback Form
- Private and confidential -
As part of CRRS continuous improvement we would like feedback on your experience with the CRRS. All feedback is greatly appreciated and can be anonymous.
1. What type of service/support did you receive from the CRRS?
CRRS directed local or internal resolution
Conciliation or facilitated meeting
CRRS investigation
CRRS referral
Continuous improvement
Other_____________________________
2. How well did the CRRS understand and meet your individual needs?
Not at all 1 2 3 4 5 Very well
Comments: _______________________________________________________
_________________________________________________________________
3. How satisfied were you with the resolution of the complaint?
Very unsatisfied 1 2 3 4 5 N/A Very satisfied
Comments: _______________________________________________________
_________________________________________________________________
4. How did you find the quality and accessibility of the CRRS materials and correspondence, such as initial letters, finding reports, brochures, and meeting documents, for local resolution?
Low quality 1 2 3 4 5 N/A High quality
Comments:
_________________________________________________________________
_________________________________________________________________
5. How do you rate the fairness and impartiality of the CRRS?
Very unfair/impartial 1 2 3 4 5 N/A Very fair/impartial
Comments: _______________________________________________________
_________________________________________________________________
6. Please rate your overall satisfaction with the CRRS
Very unsatisfied 1 2 3 4 5 Very satisfied
Comments: _______________________________________________________
7. How could the CRRS improve?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Name: ___________________________________________________________
Phone: ___________________________________________________________
The CRRS may be able to use some of your comments to promote the service to people with disability. I give the CRRS permission to use comments I have made.
Yes
No Please sign: _________________________________
Please return feedback sheet in envelope to:
CRRS Locked Bag ‘REPLY PAID’ 2705 Strawberry Hills NSW 2012
or Fax: (02) 9318 1372
Thank you!
9.8.7 Sample Complaints Resolution and Referral Service feedback form – pictorial50
This is a pictorial version of the previous feedback form. You may consider using something similar with your clients if this format would be more accessible to them.
Feedback for the CRRS
Date: _________________________
1. What type of service/support did you receive from the CRRS?
CRRS directed local or internal resolution
Conciliation or facilitated meeting
Investigation
Referral
Continuous improvement
Other_____________________________
2. How well did the CRRS listen and understand you?

Comments:___________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
3. How happy are you with how your complaint was resolved or fixed?

Comments:___________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
4. Was the information (letters, permission form) sent to you easy to understand?

Comments:___________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
5. How fair did you find the CRRS?

Comments:___________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
6. How helpful was the CRRS?

Comments:___________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
7. How could the CRRS do things better?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Name: __________________________________________
Phone: __________________________________________
The CRRS may be able to use some of your comments to promote the service to other people with disability. I give the CRRS permission to use comments I have made
Yes
No Please sign: _________________________________
Please return feedback sheet in envelope to:
CRRS Locked Bag ‘REPLY PAID’ 2705 Strawberry Hills NSW 2012
or Fax: (02) 9318 1372
Thank you!
9.8.8 Complaints Register51
Establishment of a Complaints Register enables your agency to monitor your internal processes to ensure complaints and concerns raised are addressed in accordance with the principles of natural justice. Where a significant issue/ concern is raised through informal channels (ie is not a formally documented complaint) an entry should still be made in the register, in order for you to evidence your practice. Where the action you take for resolution leads to a continuous improvement activity (eg a change in a policy or procedure), this should be noted in Action taken column with reference to the allocated CQI ID #.
| Complainant’s name | Contact Details | Date complaint received | Issue/ concern raised |
Action taken | Date action taken | Date of resolution/ closure | Date of feedback |
|---|---|---|---|---|---|---|---|
9.8.9 Sample Complaints Register – Rights in Action Inc
| REGISTER NUMBER | COMPLAINANT’S NAME | DATE | ISSUE | ACTION | CLOSED DATE | SIGNED |
|---|---|---|---|---|---|---|
9.8.10 Sample tracking form for complaint matter52
| Matter no | ||||
|---|---|---|---|---|
| Name | ||||
| Call no | Date | Time | Staff | |
9.9 Sample policies and procedures
You can use the following as a template or starting point for developing your agency’s policies and procedures. Or you may use them to gauge your agency’s existing policies and procedures.
9.9.1 Complaints and Disputes
Principles
Our agency supports the right of people with disability, or of the carers and families of people with disability, to make a complaint without retribution. Our agency will take all reasonable steps to ensure that anyone involved in making a complaint is not victimised, and will inform complainants of how they will do this.
Our agency’s complaints and disputes policy and procedure will be accessible to clients and people with disability. Copies of the complaints and disputes mechanisms will be available, written in clearly understandable language. Provisions will also be made for people from a Culturally and Linguistically Diverse (CALD) background with disability to have access to material relating to complaints and disputes policy and procedures where required. The material explaining the complaints and disputes system will make explicit that there will be no retribution against anyone who makes a complaint against our agency.
Sample Procedure
Step One
In the first instance, the person with disability is encouraged to discuss the matter with the person perceived to be responsible for the grievance. If the person with disability feels unable to discuss the matter directly with the person involved, for instance because the allegation is a serious one such as sexual harassment, the matter should be referred directly to the Management Committee of our agency.
Confidentiality and privacy should be respected as much as possible.
Step Two
If the matter is not resolved by discussion with the involved parties, the grievance should be referred to the Management Committee. The Management Committee will form a sub-committee to address grievances.
This subcommittee will discuss with the complainant whether the complainant requires a support person to assist them through the dispute resolution process.
Step Three
Where the dispute cannot be resolved at Committee level, the Committee will appoint, with the complainant’s approval, an independent conciliator to assess the grievance. The conciliator will report on the outcome to the Committee and the client.
Step Four
Disputes that are still unresolved after this stage should be referred to an external body.
9.9.2 Sexual Harassment
Sexual harassment is unwelcome sexual attention or uninvited sexual advances that result in you feeling embarrassed, humiliated or intimidated. Sexual harassment may be explicit or implicit. It may be a single incident or occur over a period of time.
Examples of behaviours that may be considered sexual harassment include:
- sexual jokes, lewd suggestions, whistling, foul language, leering, obscene gestures
- belittling comments about a person’s anatomy or based on sex-role stereotypes
- persistent demands for participation in social activities or repeated requests for dates
- asking about a person’s private or sex life, explicit sexual suggestions in return for ‘reward’
- unwanted physical contact of a sexual nature including touching, brushing or kissing
- display of pornographic and/or sexually suggestive pictures, screen savers, jokes etc and/or sexual objects
- sexually offensive written, telephone or electronic communications
- indecent exposure
- trying to force another person to have sex.
Our agency will:
- treat all complaints of sexual harassment seriously and will deal with them promptly, impartially and confidentially
- take steps necessary to ensure that sexual harassment does not continue, that complainants and witnesses are not victimised in any way and that, where possible, a fair and appropriate resolution of the problem is reached
- discipline any staff found harassing others.
Complaints about sexual harassment within our agency should use the normal system of complaint/ dispute resolution outlined in our agency’s complaints and disputes policy. However, the complainant may wish to omit Step One if they are uncomfortable discussing the matter directly with the other person.
9.9.3 Staff Misconduct and Discipline
Definitions
Misconduct is failure by an employee to fulfil their duties. Misconduct includes the following actions carried out at agencies or during the course of an employee’s duties:
- theft
- physical assault
- sexual harassment
- psychological and emotional abuse (eg bullying)
- intoxication
- use of illegal drugs (unless prescribed by a recognised medical practitioner)
- gross negligence
- serious breach of policies/ procedures
- serious breach of safety procedures
- illegal or fraudulent acts while on agency business
- wilful or malicious damage
- wilfully disregarding/ disobeying a reasonable instruction
- inefficiency/ incompetence
- negligence/ carelessness in carrying out duties
- engaging in improper conduct
- engaging in patronage, favouritism or discrimination in the discharge of duties
- supplying incorrect/ misleading information in relation to their employment.
There are two possible responses to misconduct by employees: counselling/ warning or dismissal.
Staff members/ volunteers involved in misconduct or discipline procedures have the right to notify an accredited representative of their Union or other support person/ advocate of their choice, to organise a meeting with the appropriate program manager and to accompany the employee at any time during these procedures.
Allegations of misconduct should be referred to a member of the Management Committee.
Procedures (From Employer’s First Guidelines)
The 4 step procedure, outlined below, aims to get an employee [defined as any person who has an employment relationship with agency] who has not been performing or behaving satisfactorily ‘back on track’. The steps are designed to ensure that the employee is treated fairly.
Step 1. Counselling and Oral Warning
The employee’s supervisor or a member of the Management Committee will initiate a discussion with the employee about their performance or behaviour. The purpose is to bring the unsatisfactory performance or behaviour to the employee’s attention.
Before the discussion the supervisor or committee member will:
- check the matter thoroughly and gather all the facts including any previous performance reviews
- ensure the employee has received any training they should have been given to perform the job satisfactorily
- remove any genuine obstacles to the employee performing the job properly
- prepare an outline of main points to be covered.
During the discussion the employee’s supervisor or committee member will:
- state the specific problem
- give the employee a chance to explain their point of view
- consider their response and, if not satisfied, tell the employee the changes they expect and warn that if the employee does not improve further disciplinary action will be taken.
After the discussion, the employee’s supervisor or committee member will:
- record in a file note the date and place of the meeting, who was present and what was said, particularly the wording of the warning
- seek advice from Employer’s First before proceeding to Step 2.
Step 2. Counselling and Written Warning
Before the discussion the employee’s supervisor or committee member will follow the procedures in Step 1.
In addition, the employee’s supervisor or committee member will:
- tell the employee that they may have a friend or other support person present during the discussion
- organise a program manager, the employee’s supervisor or other senior employee to be present during the discussion to observe and assist.
During the discussion, the employee’s supervisor or committee member will:
- review the previous discussion
- discuss the employee’s performance or behaviour during the review period
- give the employee a chance to respond and explain
- tell the employee the specific changes s/he requires
- ask the employee to confirm they understand what is expected of them
- tell the employee they will receive a written warning after the discussion and that failure to change may put their job at risk
- seek advice from Employer’s First before proceeding to Step 3.
After the discussion, the employee’s supervisor or committee member will:
- give the employee a written warning which contains
- the dates of the first and second discussions
- details of the problem/s
- a statement of the changes s/he requires
- a statement saying that if they fail to change or improve they may jeopardise their employment and will be subject to further disciplinary action
- record these details in a file note and attach a copy of the written statement to the employee to the file.
Step 3. Counselling and Final Written Warning
The committee member will:
- follow the same procedure as in Step 2
- give the employee a letter which states clearly that because of their failure to improve satisfactorily following Steps 1 and 2, this final warning is now being given and their employment will be terminated if they fail to make necessary improvements
- ask the employee to sign the letter, acknowledging receipt, keep copies on file and re-state to the employee that this is their final warning
- seek advice from Employer’s First before proceeding to Step 4.
Step 4. Dismissal
Before the dismissal, the Committee member will:
- discuss the employee’s performance or behaviour with other management and senior people involved before taking action
- review all supporting documents on file, leave records, performance reviews
- prepare an outline of the points to be covered
- consider responses to possible questions from the employee
- organise a program manager or the employee’s supervisor to be present during the dismissal.
During the dismissal, the Committee member will:
- have someone else from senior management present
- ask the employee to come to her/his office or another private area, and allow them to bring a support person
- tell the employee s/he is considering terminating their employment
- put the allegation specifically to the employee in enough detail to allow them a fair opportunity to respond
- ask for, and answer, any question the employee has and give the employee a chance to put their position
- listen to the employee’s explanation and assess whether it changes her/his views about termination
- take a short break to consider the employee’s explanation and if s/he considers termination is still appropriate, prepare a letter of termination stating reasons and any entitlements owing, including notice or payment in lieu, then resume the meeting
- tell the employee that the explanation has not been satisfactory and s/he is terminating their employment, outlining the reasons with reference to previous steps taken
- give the employee a dismissal letter
- give the employee any information they need about payment, superannuation entitlements etc
- explain whether the employee is to leave with notice or with pay in lieu of notice
- if the employee is to leave immediately consider whether, for security reasons, it is desirable for a senior manager to escort the employee to their office and then from the premises.
After the dismissal the Committee member will:
- write down what was said and what happened during the meeting.
Instant Dismissal
This will only be considered if an employee does the following activities at work:
- theft
- physical assault
- sexual harassment
- intoxication
- use of illegal drugs (unless prescribed by a recognised medical practitioner)
- gross negligence
- illegal or fraudulent acts while on MDAA business
- wilful or malicious damage.
The Committee member will:
- inform the employee promptly of the specific allegation/s against them
- inform the employee that s/he will investigate the allegation/s promptly and that they will have an opportunity to respond
- inform the employee that they can have a friend or other support person present when s/he discusses the allegation/s
- undertake the investigation as soon as s/he is aware of the allegation/s and speak to anyone who can shed light on them
- consider the facts carefully after the investigation
- discuss the allegation/s with the employee with a witness present and take notes or record what is said
- give the employee an opportunity to respond to the allegation/s
- take time to consider the facts after the employee had responded
- only terminate the employee’s employment if s/he is satisfied that the major points of the allegation/s did take place and that the reason for termination justifies instant dismissal from an objective point of view
- write down what happened and what was said in the dismissal procedure and put any notes made during or immediately after the termination in the employee’s file
- give the employee a letter confirming their dismissal and stating the reasons.
9.9.4 Sample Complaints Policy and Procedure – Rights in Action Inc.53
Policy
RIA acknowledges that all people seeking advocacy have the right to be heard on issues of concern, undertakes to address all concerns and complaints made, and to quickly work towards an outcome satisfactory to all parties. This will be done without fear of retribution and in an equitable way. RIA believes that queries, concerns and complaints provide valuable feedback about how the organisation can improve its service.
People seeking advocacy have the right to:
- have complaint pursued confidentially, objectively and with an aim towards permanent resolution and elimination of the chance of repetition wherever possible;
- be told what avenues are open to them to resolve the complaint; and
- have another person, friend or family member present to support them.
RIA Advocates have a responsibility to maintain complete confidentiality if they provide information during the investigation of a complaint. Spreading gossip or rumours could expose people to defamation action.
It is the responsibility of RIA staff to inform people seeking advocacy of this policy. All people seeking advocacy will have access to the Complaints Policy.
Procedure
The following procedure ensures the efficient and accountable actions of RIA staff and the Management Committee when responding to complaints (see figure on following page):
- In the first instance, the person advocated for should try to address the staff member with whom they have a complaint to negotiate a resolution.
- Where this is not appropriate or is unresolved, the person advocated for can arrange to talk to the Service Coordinator. This contact may be made in writing, by telephone or in person. The person advocated for can bring a friend or family member to support them in this discussion. Written statements will be disclosed to all parties.
- Within two working days, the Coordinator will arrange an interview with the person. Details of the complaint and response will be documented and documents signed by all parties.
- If the complaint is still unresolved, the Coordinator will arrange a meeting between those concerned to facilitate resolution. This should occur within 10 working days.
- If this is unsuccessful, or at the request of either party, the Coordinator may either elect to involve a third, independent person to act as mediator or refer the complaint to the President of the Management Committee.
- The person advocated for may elect to refer their complaint direct to the President of the Management Committee.
- The President will take the complaint to a sub-committee (consisting of one independent person and representatives of the Management Committee), which will interview those concerned separately and privately within 10 days of the complaint being made. The complaint and response will be documented.
- If this is unsuccessful, the sub-committee may elect to involve a third, independent service to act as mediator. The referral for mediation must take place within two working days.
- At any stage throughout the complaint process, the person advocated for may seek external support and assistance (eg Complaints Resolution and Referral Service, Anti-discrimination Commission Queensland, or a community mediation service) to resolve his/her complaint. Similarly, the Coordinator and/or Management Committee may request assistance or advice from external parties.
(See below for Complaint Procedure Time Frame Flow Chart)
Confidential Records
Confidential records are kept of the complaint process. The documentation must be stored securely so that the privacy of the person advocated for is protected. People seeking advocacy may view documentation related to their own complaint.
Extending Timeframes
Timeframes for achieving stages of this procedure may be extended if there is reasonable justification for doing so. Reasons for doing so must be clearly documented.
Complaints Resolution and Referral Service
If the person advocated for is not happy with the way RIA addressed his/her complaint, he/she should be encouraged to contact the Complaints Resolution and Referral Service (CRRS) on 1800 880 052. CRRS is a service that helps people with disability sort out complaints about advocacy services funded by the Australian Department of Families, Housing, Community Services and Indigenous Affairs. CRRS helps deal with complaints when a service is not meeting the National Disability Services Standard.
When looking at a complaint, CRRS:
- will talk to the person who makes the complaint;
- will get the other side of the story;
- will write a letter to the service;
- may investigate the complaint; and/or
- may hold a special conciliation meeting.
If the complaint is not solved, CRRS will inform the Department of
Families, Housing, Community Services and Indigenous Affairs. It is
RIA’s responsibility to inform the person advocated for that this
service exists.
Complaint Procedure Time Frame Flow Chart

9.10 Useful links
The Complaints Resolution and Referral Service, http://www.crrs.org.au/.
- Adapted from DEA Quality Strategy Toolkit, http://www.fahcsia.gov.au/disability/quality_strategy_toolkit/section3/3_4/3_standard4a.htm.
- Disability Services Queensland, http://www.disability.qld.gov.au/key-projects/quality/publications-tools-resources/tools/implementation-plan-template.html.
- Paraphrased from the Australian StandardTM Customer satisfaction – Guidelines for complaints handling in organizations (AS ISO 10002-2006), Disability Services Commission Consumer Liaison Service February 2007, www.disability.wa.gov.au/dscwr/_assets/main/guidelines/documents/doc/australian_standards_guiding_principles.doc.
- NSW Community Services Commission ‘An Easy To Follow Guide To Good Complaints Handling’, in DES Continuous improvement Handbook.
- Disability Employment Services Quality Strategy Toolkit.
- Complaints Resolution and Referral Service (CRRS) http://www.crrs.org.au/publications.html.
- Disability Employment Services, Quality Strategy Toolkit.
- Disability Employment Services, Quality Strategy Toolkit.
- Disability Employment Services, Quality Strategy Toolkit.
- Disability Services Queensland.
- Disability Employment Services, Quality Strategy Toolkit.
- Excerpt from Rights In Action Inc. Policy and Procedures Manual, Section 6: The Rights and Responsibilities of People Seeking/Receiving Advocacy.
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